The Dolan Law Firm Files a Wrongful Death Lawsuit Against Uber Following NYE Crash
By Noah Johnson
Christopher Dolan, a well-known Bay Area plaintiff’s attorney, has filed a wrongful death suit against Uber stemming from a tragic New Year’s Eve accident. The accident involved a driver named Syed Muzzaffar, believed to be on the UberX system at the time of the crash. Mr. Muzzaffar was making a turn at Polk St. and Ellis St. in San Francisco when he struck and killed six-year-old Sofia Liu, and seriously injured Sofia’s mother and brother.
In response to the crash, Uber quickly posted “the driver in question was not providing services on the Uber system during the time of the accident.” However, Mr. Muzzaffar’s attorney asserts that his client was logged into the UberX application, had previously picked up a rider that evening, and was waiting to be contacted by another passenger. This presents a question within a legal grey area that has yet to be tested in the peer-to-peer transportation industry. It is a grey area that Dolan will attempt to clarify in favor of his client with the wrongful death suit.
Conspicuously, Dolan largely ignores any of the recently approved regulations by the California Public Utilities Commission (CPUC) that govern companies such as UberX and Lyft. Instead, the complaint focuses on a surprising source of legal authority: the California Vehicle Code (CVC). Specifically, the complaint states UberX compels drivers to violate CVC 23123.5, which prevents drivers from driving a vehicle while “using an electronic wireless communications device to write, send, or read a text-based communication.” The only exception to this regulation is if the device is specifically designed to allow voice operated and hands-free operation, and is actually used in this manner while driving. Additionally, the complaint cites CVC 26708, which restricts the usage of GPS devices to a seven-inch square in the lower corner of the windshield farthest from the driver, or in a five-inch square in the lower corner of the windshield nearest to the driver. Additionally, the regulation states that such a GPS system may only be used for door-to-door navigation while the motor vehicle is being operated.
The complaint alleges that the business activity generated by UberX does not fall under the definition of door-to-door navigation in the CVC. Additionally, Dolan alleges that the UberX application is a GPS device within the meaning of the CVC and that it violates 23123.5 because it facilitates text-based communication.
The complaint goes on to state that violation of these regulations caused Uber to breach a duty of reasonable care towards Sofia Liu and her family and that this breach was the proximate cause of the injuries to the family.
Using the CVC is an interesting legal strategy. It is likely Dolan did not want to stand on the shaky legal ground the CPUC has established for companies such as UberX, Lyft, and Sidecar. The CPUC’s regulations left a number of liability questions largely unanswered. Instead, the firm wanted to find more established regulations that hold more weight with the court. While very few enforcement actions have been taken against private or personal drivers who are using their smartphones as GPS navigation devices, the fact remains that these CVC regulations are codified and technically in effect. While the regulations have not been applied to companies such as UberX to this point, Dolan is definitely forcing the issue in this high stakes case. It will be interesting to watch this case unfold as the future of liability in the transportation industry is decided.
Uber Sued over Death of San Francisco Girl on New Year's Eve by KQED News

















